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Legal Information: Oklahoma

Parental Kidnapping

December 8, 2023

Can I get temporary custody as part of a protective order against the other parent?

Maybe.  It is important to know that having a protective order against the other parent alone does not necessarily give you custody or suspend the other parent’s custodial or visitation rights unless the order specifically says that it does.  A protective order cannot determine child custody, visitation or visitation schedules, child support except that in a protective order, a judge can temporarily suspend or modify an existing child visitation order to protect against threats of abuse or physical violence by the defendant or a threat to violate a custody order.1  Unless the protective order covers the child too, the judge will usually grant exceptions to the other parent for visitation and communication with the child or about the child.

Even if you are not asking the court for a protective order, you may be able to get apply for temporary emergency custody of your child if you can prove to the court that it is necessary to protect you or your child from maltreatment or abuse.  See Can I get temporary emergency custody without a protective order?

To get help in filing for temporary custody, contact a lawyer.  To find one in your area, go to OK Places that Help page. 

1 22 O.S. § 60.4(I)(1)